Legal Malpractice

What Does it Take to Change Venue in Legal Malpractice

By (Andrew Lavoott Bluestone)

An unintentionally amusing NY Law Journal article cataloged the social and professional prominence of this Suffolk law firm.  When it was sued in Nassau, it moved to change venue to Suffolk.  Supreme Court approved the transfer of venue.  Per the CPLR one might move in the county where the action is brought or in the county where the action is hoped to be moved.  Each choice has its benefits and detriments.  Here, they moved in Nassau and asked for it to be moved to Suffolk.

An excerpt from the NYLJ article by Vesselin Mitev shows the web of relationships:

"In June, the firm moved to change venue to Suffolk County. The trust opposed the motion, arguing that "it could not obtain a fair and impartial trial" there. The trust pointed out that Mr. Russo's father-in-law, identified in court papers as William L. Underwood Jr., is a retired Supreme Court justice. Hertha Trotto, also identified in court papers, is a sitting District Court judge and the mother of an associate in Mr. Russo's firm, according to the trust.

The trust also claimed Mr. Russo is "politically active" as a former town attorney for the Village of Bellport and a former deputy supervisor for the Town of Brookhaven.

Trustee Nancy Gallipoli-Barrie claimed in court papers that Mr. Russo "has a friendship with at least one of the two Commercial Division Justices that this matter would be assigned to if transferred to Suffolk." Ms. Gallipoli-Barrie also expressed her concern over an alleged friendship between Mr. Russo and R.D. Best's attorney, Richard I. Scheyer of Scheyer & Jellenik in Nesconset.

According to Ms. Gallipoli-Barrie, Mr. Scheyer had told Mr. Russo that R.D. Best's principal, Robert Dalcamo, was an undercover FBI agent and was to continue with the operation, including accepting deliveries from other areas. However, Mr. Russo had allegedly "failed to inform the Trust of such and failed to stop R.D. Best's continued dumping." "
 

Full post as published by New York Attorney Malpractice Blog on October 28, 2008 (boomark / email).